of his auncetours Saluo in omnibus or dine suo honore dei saâ—…cta ecclesiâ—… This clause was thought new scrupulous and offensiue The King would haue him yeeld without exception but the Archbishop would not In this contention Philippus a Legat from the Popes side came into England by him the Pope and all the Cardinals commanded the Archbishop to yeeld to the King without exception whereupon hee did so but afterward reuolted from that promise Hence a new contention began but being againe perswaded hee promised obedience to the Kings Lawes The King to hold fast this slippery Merchant required all the Bishops to fet to their approbation and seales to those Lawes Hereunto when other assented the Archbishop swore that hee would neuer set his seale to them nor allowe them Afterward the Archbishop suspended himselfe from celebrating Masse and desired to goe to Rome but the King denied him The Bishop of London accused him of Magick The King perceiuing his rebellious disposition required the Barons to giue iudgement of him that being his subiect would not be ruled by his Lawes Cito facite mihi iusticiâ—…m de illo qui homo meus ligius est stare iuri in curia mea recusat As the Barons were attending this seruice and now ready to giue sentence I prohibite you quoth the Archbishop in the behalfe of Almighty God to giue sentence vpon me for I haue appealed to the Pope And so he departed Omnibus clamantibus saith mine Author quo progrederis prodiâ—…er exspecta â—… iudicium tuum The Archbishop after this stole away out of the land changing his apparrell and name for hee called himselfe Deerman The Archbishop thus conueying himselfe out of the land came to the Pope and shewed him a Copy of these Lawes which the King called his Grandfathers Lawes When the Pope heard them reade in the presence of his Cardinals and diuers others he condemned the Lawes and excommunicated all that maintained them Condemnauit illas in perpâ—…tuum anaâ—…hematizauit omnes qui eaâ—… tenerent alâ—…quo modo fauerent saith Houeden 80. Thus did the Popes then stirre to aduance their spirituall Iurisdiction as they called it to such an height that the Kings of the earth who are set vp by God to iudge the world could not execute iustice and iudgement vpon offenders might not be suffered according to the commaundements of God to take vengeance of murtherers robbers incendiaries traytors might not execute that office for which onely they beare the sword Now because the deuotion sense and iudgement of all ages is pretended to be for the Popes Iurisdiction and against the Kings let vs obserue the iudgement of the men that liued at this time We shall finde in all this question of Iurisdiction and of these exemptions in particular that the king was iustified and the Archbishop condemned The Kings auncient Iurisdiction acknowledged the Popes new Iurisdiction and the Archbishops disobedience disallowed and abhorred of all For all the Bishops of the Prouince of Canterbury wrote a letter to the Archbishop the letter is extant in Houeden Therein they entreat him to yeeld to the King they commend the Kings care and zeale for the Church They testifie that the king requireth no more of him then the due honour which his ancestours haue alwaies had Rex a Domino constitutus pacem prouidet subiectorum per omnia vt haâ—…c conserâ—…et Ecclesijs commissis sibi populis dignitates regibus ante se debitas exhibitas sibi vult exhiberi exigit The King ordained by God prouideth his subiects peace by all meanes that he may preserue this in the Churches and people vnder him hee requireth and exacteth that Iurisdiction which was due and exhibited to the Kings which were before him They charge him with rashnesse and furious anger for suspending and condemning the Bishop of Salisbury and the Deane before any question of their fault was moued Ordo iudiciorum nouus say they hic est huc vsque legibus eanonibus vt speramus incognitus damnare primum dâ—… culpa postremo cognoscere This is a new proceeding of iudgements and as wee hope vnknowne in Lawes and Canons to this day first to condemne a man and last of all to know the fault 81. And that the iustification of the King in this cause and the condemnation of the Archbishoppe might be made more euident to all the world the same Suffraganes that is all the Bishops of the Prouince of Canterbury wrote to Pope Alexander the third to whom they giue a worthy famous testimonie of the Kings iustice temperance and chastitie declaring that the King could not be suffred to execute his Princely office nor effect his good and godly purposes in execution of Iustice for the filthinesse of some of the Clergie Rex say they fide Christian ssimus in copula â—…oiugalis castimonij honestissimus pacis iusticiae coÌ„seâ—…uator dilataâ—…or incoÌ„parabiliter strenuissimus hoc voâ—… is agit totis in his feruet desiderijs vt de regno suo tollantur scandala cuÌ„spurciâ—…ijs suis eliminentur peccata pax totum obtineat atque iustitia c. Qui cum pacem regnisui enormi insolentium quorundam Clericorum excessu non medioâ—…riter turbari cognosceret c. That is The King in faith most Christian in the bond of matrimoniall chastity most honest for preseruation and dilatation of peace and iustice without comparison the stoutest doeth with great zeale and affections desire this that scandals may be remoued out of his Kingdome that sinnes with their filth may be banished c. and finding the peace of his Kingdome not a little troubled with the enormous excesse of some insolent Clerks c. And thus they proceede declaring wherein those strange exemptions stood which then began first to bee knowne in the world For say they if a Clerke should commit murder c. the Archbishoppe would haue him punished onely by degrading but the King thought that punishment not sufficient for establishing of peace and order and for execution of iustice Hiâ—… non dominationis ambitâ—… non opprimendae Ecclesia libertatis intuitâ—… sed solummodo pacis affectu eò Rex progressus est vt regni sui consuetudines regibus ante se in regno Angliae à personis Ecclesiasticis obseruatas pacificè reuerenter exhibitas Dominus noster Rex deduci vellet in medium That is Hereupon not through ambition of Domination not with any purpose to oppresse the liberties of the Church but onely in a zeale of peace the King proceedeth thus farre as that hee will haue the customes of his Kingdome now brought to open knowledge which Ecclesiasticall persons haue obserued and peaceably and reuerently exhibited vnto the Kings of the kingdome of England before him And a little after Haec est Domini nostri regis in Ecclesiam Dei toto orbe declamata crudelitas hac ab eo persecutio That is
to disswade the separation producing that out of Augustine Nullam posse causam dari ob quam necessarium sit ad schisma perâ—…enire That is That no cause can bee giuen for which it may bee necessary to come to a schisme But after much dispute at last hee resolueth that the case may be such that the Church may well depart from the Pope Quando sacer Princeps saith he contra sanctorum patrum statuta aliquid praesumit vbi non constat eum ex causa 〈◊〉 aut necessitatis moueri sed ex aliqua particulari indigâ—…a causa time ipse in priora Petri mandata offendit exiens vires potestatis suae Quapropter non esset inconâ—…eniens si pertinaciter in hoc persisteret Ab eo recedi posse per Ecclesiaâ—… That is When the holy Prince presumeth against the lawes of holy Fathers where it appeareth that he is not moued thereto because of the publike good or necessitie but from some particular of his owne and an vnworthy cause then hath he first offended against the former precepts of Peter going beyond the limits and strength of his power Therfore if hee persist therein incorrigibly it is nothing inconuenient for the Church to depart from him 58. Then if a Pope make a departure first from the Mandates Doctrines and faith of Saint Peter thus going out of the bounds of his power in this case it is the iudgement of the graue Cardinals of Rome who liued and wrote long before M. Luther was borne that the Church might make a separation from the Pope Iohn Gerson saith as before we heard that this separation may be for a time or for euer Now then whereas this separation is made from the Pope by the reformed Churches there is nothing done but that which the Church had in consultation to doe long before in case the Pope should persist in his pride and transgressions and shew himselfe incorrigible So that it is no maruaile if the Church which hath so long before thought of this departure being thereunto so much prouoked by the intollerable ambition of the Pope hath once performed that thing which was so long in consultation especially seeing the Church hath for the same both the warrant of holy Scriptures which doth fully not only prophesie of this departure which the Pope hath made from the truth and consequently which the Church was to make from the Pope but also giueth expresse commaundement to the people of God to depart from thence Go out of her my people And besides this warrant of holy Scriptures they had also the iudgement of the Church before them which Church whether we consider it in particular members as the learned men principall instructours and preseruers of doctrine or in generall Councels hath as we see oftentimes declared herselfe to bee wearied with bearing the Popes proud and ambitious Iurisdiction and hath beene in great consultation to cast off the yoake of this Aegyptian bondage 59. Now from that booke which this Cardinall Cusanus wrote De 〈◊〉 Catholicâ—… we will obserue some things wherein he declareth his iudgement against this Papall Iurisdiction And first he disputeth against them that thinke the Pope hath more power then other Bishops Oportet primum si hoc verum foret Petrum aliqâ—…d à Christo singularitatis recepisse Papam in hoc successorem esse sed scimus quod Petrus nihil plus potestatis à Christâ—… accepit alijs Apostolis 21. d. in nouo 24. q. loquitur That is First if this be true it must bee graunted that Peter receiued some singular power from Christ and that herein the Pope is his successor but wee know that Peter receiued no more power from Christ then the other Apostles 21. d. in nouâ—… 24. q. loquitur And of this spirituall Iurisdiction he saith thus Cum potestas ligandi soluendi in qua fundatur omnis Ecclesiastica Iurisâ—…ictio sit immediate à Christo quia ab illa potestate ligandâ—… soluendi sit diuiâ—…a Iurisdictionis potestas patet omnes Episcopos forte etiam presbyteros aequales esse quoad Iurisdictionem That is Seeing the power of binding and loosing in which all Ecclesiasticall Iurisdiction is founded is immediately from Christ and because the power of diuine Iurisdiction is from this power of binding and loosing it is euident that all Bishops perhaps also all Priests are equall in respect of this Iurisdiction And againe hee saith Quod vniuersale concilium propriè captuÌ„ scilicet quod vniuersam EcclesiaÌ„ representat sit supra Patriarchas Roman Pontificem credo â—…ubium esse non debere That is I hold it a truth not to bee doubted that a generall Councell properly taken that is as it representeth the vniuersall Church is aboue Patriarches and the Bishop of Rome And againe Papa per Synodum in criminibus etiam alijs quam hâ—…resi iâ—…dicari potest That is The Pope may be iudged by a Synod for other crimes also besides heresie Now for the Iurisdiction of the ciuill Magistrate the same Author speaketh thus Imperator Christianorum in sua praesidentia est Christi vicarius That is A Christian Emperour in his office is Christs Vicar And againe Omnis rex Imperator habet officium Publicum ad Publicam vtilitatem or diâ—…atum Publica vtilitas est paâ—…ad quam ordinantur iusticia iusta praelia principium autem pacis est ad â—…inem 〈◊〉 â—…rigere subditâ—…s media illum 〈◊〉 sunt sacra institâ—…ta religionum quare prima cura Imperialis in 〈◊〉 obseruandis verâ—…ur That is Euery King and Emperour hath a publike office ordinate to the publike good the publike good is peace whereunto iustice and iust warres are ordinated the fountaine of peace to direct subiects to an eternall end the meanes to obtaine that end the holy ordinances of religion wherefore the first and chiefe care Imperiall consisteth in the obseruation of those ordinances And therefore he saith Imperator curam custodiae gerit And againe isto modo imperator dicitur aduocatus vniuerâ—…alis Ecclesiae custos sides orthodoxae Which thing he proueth by the ancient practise of the Church because in the Chalcedon Councell the Emperour Martiaâ—…us is called custos fidei and the Emperour Basilius in the beginning of the eight Councell saith that the gouernement of the Church was by the prouidence of God committed to his hands 60. The same Author speaking further of the office of Kings and of their Iurisdiction in Church affaires and in Councels saith Debent râ—…ges principes Synodos congregare iuxta admonitionem sancts Gregorij ad Theodoricum regem Francorum ex registro 273. Iterata vos per vestram mercedem adhortatione pulsamus vt congregari Synodum iubeatis That is Kings and Princes ought to gather Synodes according to the admonition of Gregory writing to Theodoricus the French King ex registro 273. We moue you with our redoubled petition that euen for that
gouernments I meane Ecclesiasticall and Temporal be directed by coactiue power there is no difference in the point of Iurisdiction betweene Temporall and Ecclesiasticall authoritie For the King and only the King is to appoint iudges in matters Temporall and Ecclesiasticall the King hath no more authoritie in reuersing the iudgement of the one then of the other being true iust and lawfull So that the Kings Iurisdiction standeth not in a power to dissanull true and righteous iudgemens but in a power supereminent by which he is charged First to confirme lawes Ecclesiasticall and Temporall Secondly to place Iudges for both causes Thirdly to see that those iudges of both sortes iudge iustly according to right and equity Fourthly to punish them if they shall be found to giue vniust and corrupt sentences Fiftly and last of all his Iurisdiction appeareth in appellations 7. But heere a question will be moued whether a man may appeale from an Ecclesiasticall iudge to the Prince For that one may appeale from a Temporall iudge I suppose it is not doubted at least I see no reason why it should be doubted But in a cause Ecclesiasticall and from a iudge Ecclesiasticall to appeale to the Temporall Magistrate of this some Romish Doctors doubt This doubt which the Canonists haue made may be increased by that place Deu. 17. 10. Thou shalt not decline from that thing which they shall shew thee neither to the right hand nor to the left And that man that will do presumptuously not hearkning to the Priest that standeth before the Lord thy God to minister there or vnto the iudge that man shall die It might seeme to be collected hence that there is no appellation from the Priest no though hee should iudge as some Rabbins expound the words I will declare their exposition because it sauoureth much like the expositions of some Papists where the text saith thou shalt not decline to the right hand nor to the left they expound it that if the Priest shall say thy right hand is thy left or thy left is thy right this sentence thou must receiue and therein rest 8. But this is a fond assertion not only without reason but against the expresse words of the Scripture for it is said according to the law which shall teach thee and according to the iudgement which they shall tell thee thou shalt doe Where we finde two rules for these two kindes of Iudges the Priest and the iudge the sentence of the Priest must be according to the written lawe the sentence of the other according to the truth of iustice and iudgement If a man be able to shew that he is wronged he may vndoubtedly appeale to a Superiour now a man may be able to shew that he is wronged if hee can shew that the Priest declineth from the law of God which is appointed his rule or the Temporall iudge from iustice And therefore if there be a Superiour in the land he may appeale but if there be no Superiour he is without remedie as when Hely was both Priest and iudge from him at that time there could be no appellation but where the forme of a kingdome is established where one King is set vp in lawfull authoritie by whose power iudges Spirituall and Temporall are placed in his dominions heere appeareth a fountaine of Iurisdiction deriued as it were into two inferiour riuers and from these inferior powers appellation may be brought if they shall not in their sentences keepe their rules prescribed to them the lawe and iustice for the appellation being grounded vpon the lawe of Nature to moderate the peruersitie and partialitie of iudges it were an absurd thing to denie this in causes Ecclesiasticall vnlesse a man would suppose that persons Ecclesiasticall may not be corrupt in their iudgements Now if we shall once graunt appellations then assuredly wee confirme the Iurisdiction of Princes in all matters wherein appellation may bee made to them And because Iurisdiction is assuredly proued by appellation we will for the farther manifestation of the truth seeke to cleere this point the rather becâ—…use our aduersaries tell vs confidently that in matters Ecclesiasticall all appellation belongeth to the Pope The Popes say so and they beleeue them we hold that appellation in causes Ecclesiasticall is to bee directed to the King who is by God set ouer the persons appellant 9. In the Old Testament we haue fewe examples or none that I remember of any that appealed from any inferior iudge Ecclesiasticall to the Soueraigne but in the New Testament there is one example sufficient to confirme the truth S. Paul being accused for causes Ecclesiasticall appealed from the high Priest to Câ—…sar Therfore it is lawfull in matters Ecclesiasticall to appeale from iudges Ecclesiasticall to the Ciuill Magistrate The consequence resteth vpon this that Saint Paul heerein did nothing but that which he might doe iustly and lawfully which thing I suppose the greatest enemie of Saint Pauls Doctrine will not denie for he came vp to Ierusalem with this profession and purpose I am ready not to bee bound onely but euen to die for the name of the Lord Iesus Neither durst he for sauing of his life giue a scandall to the Gospell The antecedent consisteth of these two parts First that the matters for which Saint Paul was accused were matters Ecclesiasticall Secondly that therein he appealed from the high Priest both are witnessed by the expresse words of the Scripture For Festusâ—…aith â—…aith They brought no crime against him but had certaine questions against him of their owne superstition and of one Iesus which was dead whom Paul affirmed to be aliue These questions be out of doubt Ecclesiasticall euen in the iudgement of our aduersaries that he appealed from the high Priest reskuing himselfe from his iudgement it is euident by the words in the twentie three Chapter where the Apostle speaketh to the high Priest as to his iudge Thou sittest to iudge me according to the law And when he was reskued from the Priests by Lysias and sent to Felix and left by him to Festus he neuer thinketh of appealing from any of theâ—…e ciuill gouernours But when Festus asked him if he will goe to Ierusalem and there be iudged of these things then Pâ—…ul vtterly refusing the high-Priest appealed to Câ—…sar by which it followeth that in matters Ecclesiasticall a man may appeale from iudges Ecclesiasticall to the Soueraigne Prince Whereupon this vndoubtedly followeth that there resteth Soueraigne Iurisdiction in the Prince And therefore the Popes their flatterers vnderstanding well that Supreame Iurisdiction could neuer bee prooued to rest in the Popes vnlesse first Appellation should be made to them wrought by all subtilty as hereafter we shall declare by right or wrong they neither cared nor spared to cause Appellations to be made to them which thing when once they had obtained that in all causes Ecclesiasticall Appellation might be made to the Popes then and not before
are able to vnrippe them §. I. Of the Forgeries whereby this Iurisdiction was first challenged 6. THe Popes and the Court of Rome perceiuing well how much it made for the aduancement to that Sea if they might be secured for the right and title to this Iurisdiction which they purposed to challenge and practise And vnderstanding that none would beleeue that they had any right to it vnlesse they shewed some antiquity for it finding also that they wanted Scriptures the testimonie of the ancient Church began a most desperate and vile practise to forge antiquities deuising certaine writings fathering the same vpon the ancient Bishops of Rome all was to make some shew and title to this Iurisdiction whereof they were so much inamoured In our dayes there is lesse feare of daunger from these forged Epistles because they haue bene throughly examined and refuted by many learned men as Maâ—…silius Patauinus Laurentius Valla Antonin Archiep. Florent Nicholaus Cusanus Aenaeas Siluius Hieronymus Paulus Catalanus Raphaell Volateranus all before Master Luther In so much as the learned Papists are ashamed of this stuffe and cannot denie the Forgery but when first they were deuised whether by Anastatius Bibliothecarius as some iudge or by some other trusty Champion of the Court of Rome they carried the world then into such an illusion that we may well iudge it proceeded from the deepenesse of Satan in subtiltie and falshood and was receiued with wonderfull simplicitie and ignorance of that age For when the fatall time was come that Antichrist must send vp that smoak wherwithall the truth was darkened then fell such a iudgement vppon the world that together with the darkening of Scriptures learning knowledge and iudgement was decayed and they did with greedinesse beleeue lies and forgeries who could not examine the truth Then began they to publish new decretall Epistles vnder the names of Clemens Anaclet Euaristus Sixtus Telesphorus Higinus Pius Anicetus Soter Eleutherius Victor and many others In whose names certaine Epistles are framed to claime this Iurisdiction but so absurd the stile so vnfitted to the ages wherin these Bishops liued that the learned Papists themselues blush at the forgerie The argument of all these Epistles is in a manner one and the same all plead for Iurisdiction and if this question might be determined by these testimonies then should they obtaine their Iurisdiction without controuersie The things which are most of all handled and repeated therein are the Primacie of the Pope the power and authoritie of the Church of Rome exemption of Clarkes and appellation to the Sea Apostolicke these are the things handled and repeated ouer and ouer The proofe for all is fet from Tues Petrus super hanc petram c. And pasâ—…e oues meas and oraui pro te Petre and such like deprauations of holy Scriptures 7. Heere is the true ground of their Iurisdiction thus they got it by forgeries and these forgeries in that age such was the ignorance thereof were nothing suspected other men who detested such vile practises measured the mindes of Popes in charitie by their owne who would euer haue thought so basely of Popes that they would haue entred into such diâ—…onest practises Therefore this Iurisdiction was by many receiued because they suspected no falshood in such as should haue beene examples of vertue and godlinesse But when the knowledge of good learning was raised againe then began these Epistles to be examined and were found such as they are Bellarmine speaking of these Epistles though glad he would be to maintain them if he knew how yet dares not denie them to be forged Nec indubitatas esse affirmare audeam saith he But if you dare not auouch them to be vnforged why then dare you auouch that Iurisdiction of the Pope of which the world neuer tooke knowledge before these Epistles had deuised proofes for it And why dare you make vse of such forgeries For Bellarmiâ—…e confessing that he dare not iustifie them from suspition of forgerie yet laboureth to take vse of them as pretending that they are auncient as though antiquitie in falshood could helpe Or as if a robber and murtherer being taken in the manner and not able to iustifie his action should plead that Barrabas was an auncient robber and murtherer and thinke to helpe himselfe by that plea. And because vpon this rotten foundation the Popes Iurisdiction is builded let vs obserue some of the best and most substantiall proofes for Iurisdiction out of these forged Epistles 8. Anaclet is made to say thus for the priuiledges of the Church such priuiledges as exemption of Clarks and such like as were introduced after the yere one thousand Priuilegia Ecclesiarum sacerdotum sancti Aposteli iussu saluatoris intemerata inuiolata omnibus decreuerunt manere temporibus That is The priuiledges of Churches and of Priests the holy Apostles decreed that they should remaine inuiolated for all times For Iurisdiction he saith Quodsi difficiliores ortae fuerint questiones aut Episcoporum vel maiorum iudicia aut maiores causae fuerint ad Apostolicam sedem si appellatum fuerit referantur quontam Apostoli hoc statuerunt iussu saluatoris vt maiores difficiliores questiones semper ad sedem deferantur Apostolicam super quam Christus vniuersam construxit Ecclesiam dicente ipso Petro tu es Petrus super hanc Petram aedificabo Ecilesiam meam And againe Summi sacerdotes id est Episcopi à Deo sunt iudicandi nonâ—… ab humanis aut prauae vitae hominibus lacerandi sed potius ab omnibus fidelibus portandi This is often repeated that scandalous Clarkes must not be accused yea though one of them should liue most inordinately Licet sit inordinatus quia pro merit is subditorum disponitur à Deo vita rectorum For proofe these Scriptures are brought qui vos tangit tangit pupillam oculi mei nolite tangere Christos meos in prophetis meis nolite malignari From this deepe Diuinity Thomas Becket resisted Henrie the second and would not suffer the King to execute iustice against robbers fellons murtherers practisers of Treason if they were Clargie men he defended them by these Scriptures as we shall declare hereafter This witch-craft came from Rome and from these forged Epistles Anaclet saith again Haec sacra sancta Romana Apostolica Ecclesia non ab Apostolis sed ab ipso domino saluatore nostro primatum obtinuit eminentiam potestatis super vniuerâ—…as Ecclesias and to proue all this is alleadged Tues Petrus c. Another saith Si quis vestrum pulsatus fuerit in aliqua aduersitate licenter hanc sanctam Apostolicam appellet sedem ad eam quasi ad caput suffugium habeat And another Iudicia Episcoporum maioresque Ecclesiae causae a sede Apostolica non ab alia sicut Apostoli sancti successores eorum statuerunt cum
Now this is the crueltie of our Lord the King that is so much spoken of through the world against the Church this is that persecution that he raiseth Then it is an auncient complaint of these Romish Catholickes to call the iust lawfull godly and necessary execution of iustice crueltie and persecution this complaint hath beene euer since continued by them and most of all where there is least cause euen in the milde and mercifull gouernement of the late Queene of famous memory What crueltie did they impute to her What persecution to her Gouernement When they are not able to proue that one man was executed for Religion but for treason Which was so much the more dangerous because it was masked with the visard of Religion but Religion is not nor euer was the cause why our Kings punished the Popes Clerkes but onely Iurisdiction For when the Pope will stretch his Iurisdiction so farre as to include coactiue power and to exclude Kings from the gouernement of their Subiects drawing the Clergie from the obedience of their Kings to the obedience and subiection of the Pope drawing the subiects of other Kings vnder his subiection by an Oath of Allegiance and hereupon perswading al that will hearken to him that they may not yeelde an Oath of Alleageance to their owne Princes the Popes Iurisdiction being drawne to these points as now by the confession of themselues they are the question betweene the Pope and Christian Princes is not of Religion but of Iurisdiction of ciuill and coactiue Iurisdiction and the summe of all is this Whether the Princes of Christendome shall be free Princes or the Popes Vassals 82. By this which we haue declared we see the cause of our Kings iustified against the Archbishoppe and the exemption of Clerkes for which the Archbishoppe stroue and which since that time is claimed to be an especiall priuilege of that Church to be condemned by the chiefe of the Clergy by all the Bishops of that Prouince and that euen to the Pope himselfe Which thing the Bishoppes of the English Church would neuer haue done vnlesse they had beene well assured that the Kings cause was good and that the contrary opinion was a pernicious nouelty a late vpstart deuice in the Church But howsoeuer the Popes Clerkes pretended their new forged priuiledges yet the Kings of this land held still their olde course in the auncient manner of execution of iustice against them that offended And therefore Henry the second by law commaunded as Houeden saith that the Bishoppes of London and Norwich should be summoned that they might be before the Kings Iustices to answere for that they against the statutes of the kingdome did interdict the land of the Earle Hugh 83. This exemption of Clarks was a new practise in the time of Marsilius of Padua and not so new as pestiferous occasioning the ruine of States and being as a furie sent abroad from hell to disorder all gouernment For thus he complaineth of it Quibus non contenti sed saecularium contra Christi Apostolorum praeceptum appetentes fastigia in legum Lationes seorsum ab ijs quae Ciuium vniuersitatis sunt proruperuut Omnem clerum ab his decernentes exemptum ciuile sâ—…hisma principatuum supremoruÌ„ pluralitatâ—…m inducentes ex ipsis c. Haec pestilentiae Italici regni radix est origo ex qua cuncta scandala germinauerunt prodeunt qua stante nunquaÌ„ ciuiles ibidem cessabunt discordiae c. That is Not content herewith they the Popes seeking the honour of secular gouernement against the commandement of Christ and his Apostles haue taken vpon them the ordaining of Lawes and Canons other then such as serue for the common good They decree that all the Clergie are exempt from temporall Princes heereby inducing a pluralitie of Soueraignties c. This is the roote and spring of the pestilence of the Empire from whence all scandals grow and which standing ciuill discord shall neuer haue an end c. Thus were these exemptions then found and acknowledged to be the pestilence and ruine of all states especially of the Empire And his reason is well to be obserued because saith he it bringeth in Pluralitatem supremorum principatuum quam velut impossibilem humanae quieti demonstrauimus he proueth the plurality of Soueraignty a thing impossible to stand with the quiet and peaceable Gouernement of the world Now this exemption must eyther induce a plurality of Soueraignties when the Pope is one Soueraigne and the Prince another which is impossible in nature saith Marsilius or else it denieth the Kings Soueraignty to establish the Popes which thing can neuer bee indured by any Prince §. VI. Of the Popes power in giuing lawes 84. ANother thing whereby this new Iurisdiction of the Pope was so highly aduanced was giuing of Lawes to Princes and their subiects whereas before Princes had giuen lawes to him Marsilius in the wordes last cyted in the end of the last Paragraffe speaking of these laws saith They now break out into a practise of Iurisdiction taking vpon them to make lawes separat and distinct from such lawes as are for the common and publique good of all meaning the Canon lawes which because they intend onely the priuate aduancement of the Pope and not the publique good of the Church being also made onely by the authority of the Pope and not by the publique consent of the Church therefore he doth not account them lawes but Oligarchicall and tyrannicall Decrees these lawes are to be considered because they make so great a shew of the Popes Iurisdiction 85. The Church before was gouerned by Bishoppes and Metropolitanes in such order that the affaires of euery particular Diocesse were ordered by the Bishoppe or by a Synode of his calling the affaires of the Prouince were determined by the Metropolitane or by a Prouinciall Synode of his calling from an Episcopall Synode a man might appeale to a prouinciall Synode and from a Prouinciall Synode to a nationall but from a prouinciall or from a nationall Synode none might appeale to the Bishoppe of Rome for which thing diuers Decrees were made in prouinciall Synodes as we haue before declared As the Bishoppes were Gouernours so the lawes whereby they did then gouerne the Church were the Canons of auncient Councels especially of those foure most famous Councels of Nice Constantinople Ephesus and Chalcedon For that the Canons of these Councels were held for the lawes of the Church it appeareth by a Constitution of Iustinian extant in the fift Synode held at Constantinople wherein Iustinian the Emperour declareth that Aâ—…thimus was deposed from the Bishoprike of Constantinople by Pope Agapetus and a whole Synode with him consenting for that he had departed from the doctrines of those foure holy Synodes the Nicen the Constantinopolitan the Ephesian and the Chalcedonian The Emperor also declareth that he being deposed by the Church should be banished by him ioyning his
they whom he had banished from Parma were returned thither by the Popes practise and taking the Towne by force had giuen a great ouerthrow to the other Citizens fearing least this example might draw other Cities to the like reuolt he gaue ouer the iourney to Lions and wrote Letters to the French King and all Prelates refuting the Popes friuolous obiections declaring the iustice of his cause and his innocency Innocentius regarding neither iustice nor innocency pursued him by violence malice open warres secret conspiracies seeking all meanes that his vnholy head could inuent to take away the life of Fredericke As he was taking his recreation in hauking at Grossetum by the Sea shore neare to Sien the Pope drew his owne seruants to a conspiracy the conspiracy was detected and the traytors had the reward of their treason Innocentius who could not rest till he had done some Pontificall exploit against the life of this Prince stirred vp the Princes of Germany to thrust downe Fredericke and to set vp another first was set vp Henry Lantgraue of Thuringia this man besieging Vâ—…mes was wounded by the shot of an Arrow and shortly after resigned both his life and the Empire After this was William Earle of Holland set vp this man was slaine in the warres which he had gaged against the Frisians neither of these saith Naucler were numbred among the Emperours At last after so many secret traps laid for the life of this Prince behold the end of the Popes malice where strength faileth the Emperour was destroyed by poison King Iohn of England 124. THe King of England sped no better then others for by this vnbridled power of vsurped Iurisdiction King Iohn with the whole Kingdome was brought into great trouble and perplexity these troubles grew vpon a quarrell of Election betweene the Monkes of Canterbury and the Suffraganes in the seuenth yeare of King Iohn for after the death of Hubert Archbishoppe of Canterbury the Monkes without the knowledge of the King or respect of the Suffraganes chose Reynold the Subpriour of the house to be Archbishoppe who secretly went to Rome to haue this his election confirmed by the Pope but stay was made at Rome because he shewed not Letters commendatory from the King The Monkes perceiuing that without those letters commendatory they could not proceede made request to the King that they might chuse another whom the King might commend this the King liked well and commended Iohn Gray the Bishoppe of Norwich being his Chaplaine and President of his Counsell as Hollinshed saith but Mat. Paris whom he cyteth hath not so much The Monkes gladly obeyed the Kings request and madâ—… choise of this man but the Pope refusing both thrust vpon them Stephen Langton commanding and compelling so many of those Monkes of that Couent as were then at Rome to chuse him the King was herewith much moued because Stephen Langton was brought vp vnder the French King and bound to him betweene whom and King Iohn there was at that time much warre and dissention wherefore the King banished the Monkes that had chosen Stephen and wrote to the Pope that he had no reason to admit Stephen to such a place in his Kingdome a man promoted by the French King and at his commaund This contention continuing the Pope sent to the Bishoppes of England commaunding them to put the King and his land vnder the sentence of interdiction denouncing him and his land accursed The Bishoppes to whom the Pope wrote being by this time become the Popes subiects and sâ—…ruants and not the Kings which is the end which the Pope seeketh by his Iurisdiction denounced the interdiction and then fledde to Rome King Iohn seeing many fall from his obedience to the obedience of the Pope drewe his people to an Oath of Alleageance After this came Paâ—…dulph Legat from the Pope who after that he had beene here a while was commaunded by the Pope to repaire to the French King there with Stephen Langton to take Councell and to stirre vp the French to make warres vpon King Iohn Thus King Iohn was depriuâ—…d of his Gouernement his subiects absolued from their Alleageance by which practise many reuolted from him so that he was left weake and when the Popâ—… had thus weakned him then he set vp the French King in armes against him The issue was this The King circumuented by these practises of the Pope and oppressed being also bereaued of all helpe was forced to deliuer his Crowne to Pandulph and receiued it from him againe as from the Popes hands And thus was Stephen Langton made Archbishoppe this was done in the fifteenth yeare of King Iohn An. Dom. 1213. The Earle of Tholous 125. WHen Frederick the second liued so persecuted by the Pope as we haue declared a new and strange generation rose vp of a suddaine neuer seene in the world before starting vp like those armed Souldiers which the Poets faine to haue sprung vp suddenly of the Serpents teeth being sowed by Cadmus Such a serpentine generation of Friars were newly hatched at this time the first founders of them were Francis and Doâ—…inick For the Popes hauing a purpose to raise themselues aboue the Church and aboue Kings and Emperours as both by their profession and claime in the Canon Law and by their practise was apparant and for this purpose thundring out their excommunications vpon euery occasion practising this power in deposing Princes found themselues much crossed in these courses by Bishops and especially by the Bishops of Germany who stood out for a long time faithfull in the Church and couragious against the Popes tyranny Auentiâ—…us giueth many testimonies of the courage of the German Bishops as else-where also we haue obserued of the English Bishops for he writing of the times of Frederick the second the Bishops then saith he were not as now they are addict to the seruice of the Pope giuen to idlenesse and pleasure but learned industrious louing Christ and declaring their loue by feeding their flockes diligently These were not for the Popes purpose For in diuers Synodes they censured the Popes folly and ambition freely and withstood his tyrannie Then was the Church so gouerned by Bishops all matters so iudged and determined that the Pope might aduise but hee could not by authority attempt any thing in the Prouince of any Bishop thinges being guided by truth law the iudgement of the wisest and best learned in the Prouince and by the Councel and common consent of the Clergy of that Prouince Who had reason to know the estate of their Church and Prouince better then the Pope or any stranger could doe This godly order in the Church the Pope had a purpose to confound to oppâ—…esse the Bishops authority and to draw all power to himselfe Hoc iâ—…stitutum to vse the words of Aueâ—…tinus tollere antiquare Episcoporum autoruatem Labefactare ad vnius cuâ—…cta potestatem redigere complacitum est 126. This being the purpose of Popes
Dominion of Sicily for which hee was also excommunicated by the Pope and deposed After him Conradus sonne to Frederic the second obtained the Kingdome of Sicily and Apulia for which Pope Innocent the fourth deposed him from the Empire and set vp Guilliaâ—… Lantgraue of Thuring commanding the Princes to make choice of him Conrad being excommunicate and deposed maintained his right by strength of armes but was secretly taken away by the practise of poison This was supposed to be the practise of Mamphred 131. Mamphrâ—…d the bastard sonne of Frederick the second tooke and held possession of these Kingdomes after the death of 〈◊〉 Tâ—…is man was also excommunicated by the Pope and deposed the Pope seeking alwaies to bring this Kingdome vnder the obedience of the Church of Rome Pope Urâ—…an the fourth a French-man borne finding his owne power too weake to effect this Mastery ouer Sicily and Apulia gaue these Kingdomes which neuer were his to giue to Charles brother to the French King Lewes the ninth who was called S. Lewes This was the beginning of those troubles which afterward brought so great warres and bloud-shed and thereby wel-nigh the vtter ruine of Italy Charles King of Sicily and Conradinus 132. FOR Charles comming with an Army into Italy at the Popes motion ioyning battell with Mamphrâ—…d ouerthrew him and slew him in battell neare to Beneuentum Pope Clement the fourth succeeding Vrban the fourth vnderstanding that after the death of Mamphred Couradinus the sonne of Conradus then but yong prepared forces in Germany to recoâ—…er his inheritance of Sicily made Charles brother to the French King the Vicar of the Empire to giue him â—…trength against Conradinus and wrote Letters to all Christians forbidding all men to write to Conradinus as to the King of Sicily And to the Princes of Germany hee wrote likewise forbidding them vnder the terrible paine of excommunicatiâ—… to chuse Conradinus Emperour by which meanes the 〈◊〉 was without a Soueraigne Magistrate for the space of two and twenty yeares In which time Alphonsus King of Spaine and Richard Earle of Cornewall brother to Henry the third King of England contended for the Empire These had the titles of the Emperour bestowed vpon them by their friends but the Emperour was not placed till Rodolph Count of Habspurge was chosen In the meane time Charles grew strong in Italy being made by the Pope Vicar generall of the Empire 133. When Conradinus vnderstood thâ—…se practises of the Pope against him perceiuing that the Popes had a resolution to roote out the seede and vtterly to extinguish the blood of Frederic he wrote a lamentable Epistle deploring his owne fortunes and the Popes iniquities Innocent the fourth saith he hath ouerthrowne me an innocent man for Conradus my father King of Sicily left me yong and tender in the custody of the Church then Pope Innocâ—…ntins pretending my wealth professing himselfe a trusty Tutor inuaded the whole Kingdome and when once he had gotten the possession thereof he sought vnmercifully to extinguish my name and blood deuiding my lands and Countries and distributing the same among his owne kinsemen and Nephewes After his death Alexander succeeding inuited others into the possession of that Kingdom excluding mâ—… After his death Vrbanus dealt very inurbanâ—…ly for hee drewe Mamphred in excluding my selfe the true heyre The same Pope disanulling that match with Mamphred drew Charles to vndertake thâ—… businesse against my selfe After his death Clement vsed all indemency against me setting vp another King and not content herewith thundreth out his Processes against me thinking it a small matter that against God and against Iustice he hath robbed me of my Kingdome vnlesse he proceede also to take the title from me Last of all he hath established Charles Vicar of the Empire to preiudice and defeat me by all meanes Thus doth he complaine by which complaint we may vnderstand somewhat of the Popes purposes Conradinus gathered an Army and came into Italy the Pope as he passed by 〈◊〉 fome doe witnesse did prophesie his death which was not 〈◊〉 for him to doe when hee had so strongly prepared the meanes thereof Conradinus therefore was ouerthrowne by Charles and so was all the bloud of Frederick And thus was that noble line of the Dukes of Sueuia vtterly extinguished 134. When Charleâ—… had at the Popes suggestion made this distruction in the house of Sueuia the Popes not knowing how to liue in peace and quietnesse began to turn their malice vpon Charles And first Pope Nâ—…cholas the third onely fearing that Charles should be too great in Italy hauing no quarrell against hiâ—… tooke from hiâ—… the oâ—…fice of Deputy of Hetruria pretending that Râ—…dolph Emperour was therewith so much offended that vnlesse Charles would deliuer vp into his handes that regiment he would not vndertake the iourney to the holy land seâ—…ing that place belonged to the Emperour by right But when the Pope had gotten this both from the Emperor from Charles together with 〈◊〉 〈◊〉 the Exarch of Rauenna he kept all saith Platina in his owne custody and thither he sent his Nephew Thus must all the world be troubled that principalities may bee procured to the Popes bastards This â—…ope saith 〈◊〉 had a desire to create two Kings in Italy of the Vrsini one of Hetruriâ—… against the French forces now placed in Sicily and Naples the other to be King of Lumbards against the Germanes and imperiall forces But first for the more speedy ouerthrow of Charleâ—… whom the former Popes had drawen into Italy as into a trap he conspired against him labouring by all his power to throw him out and therefore gaue his Kingdomes to Peter King of Arragon The great offence between Pope 〈◊〉 and Charles grew saith 〈◊〉 qâ—…ia 〈◊〉 aâ—…entiri noluit vt suâ—…s consanguineus contraheret cum 〈◊〉 Pontificis Charles would not agree that his kinred should match with the Popes kinred Pâ—…ter King of Aragon 135. PEter King of Aragon being thus drawne in to the quarrell of Sicily by Pope Nicholas the third For saith Naucler the Pope perswaded Peter to take the Kingdom of Sicily in the right of his wife Constance who was the daughter of Mamphred and Niece to Conradinus brought an Army into Sicily and inuaded the Kingdome But Martin the fourth who succeeded Pope Nicholas excommunicated Peter deposed him depriuing him also of the Kingdome of Aragon Thus were these Princes first drawne into bloudy wars by the Popes who sometimes inuited them and laughed vpon them as louing friends sometimes plunged them in bloud as taking a delite in their destruction Let the Princes of Christendom once awake and consider the sauage nature of this wilde beast that is not onely drunk with the bloud of Saints but fed also fat with the bloud of Princes Thus the Popes filled all Christendome full of bloud with their excommunications Are these Christs Vicars are these the censures of Christes Church Martin then excommunicated Peter gaue
of Christendome are to be intreated in the behalfe of God to remoue these greeuances from the Church which the insatiable couetousnesse of Popes brought in And seeing they haue remoued the Harpyes themselues why should they leaue the markes of their abhominable couetousnesse to the eternall oppression of the Church Why should these vncleane spoiles be found in the hands of godly Princes It would be the eternall honour of our Princes not to chaunge the oppressour but to remooue the oppression It was the honour of this land that when the Pope had oppressed all other Churches onely the Church of England was free Hanc consuetudinem omnes adâ—…isere praeter Anglos saith Naucler It was first imposed in the yeare one thousand and foure hundred it was not vsed in England when Naucler wrote as he witnesseth that is not before the yeare one thousand fiue hundred so odious an abuse so lately bred might soone be remoued if the cup of these sweete wines wherein the Pope began had not beguiled many men 152. When Boniface the ninth had begun this oppression much money was thereby gathered from the Clergie throughout the Emperours Dominions the money being thus collected was deteined by the greedy Emperour Wenceslaus from the more greedy Popes This turned the hearts of the Popes against him therefore Gregory the ninth deposed him and set vp Rupertus Count Palatine of Rhene against him George King of Bohemia 153. AFter the death of Ladislaus King of Bohemia who died without issue two great Kingdomes of Bohemia and Hungaria with the Duchy of Austria being vacant many Princes sought the Kingdome of Bohemia Charles King of Fraunce whose daughter Ladislaus married would haue placed one of his sonnes Casimire King of Polonia hauing married a sister sought it in her right so did Guilliam Duke of Saxony who married the elder sister of Ladâ—…slaus Sigismund and Albert Dukes of Austria were in good hope and Frederick the Emperour would haue had the administration of the Kingdome because the homage due to the Empire had beene neglected When the day of Election came 〈◊〉 〈◊〉 was chosen King and afterward confirmed by Fredericke the Emperour but Paul the second finding that this George fauored the Hussites or as Platinâ—… saith daily withdrew himselfe from the body of Christianity meaning from the obedience of the Pope did excommunicate and depose him setting vp Mathiâ—… King of Hungary against him Mathiâ—… gaue the Bohemians a great ouerthrow in the yeare one thousand foure hundred and 〈◊〉 and with such mortall hatred was Pope 〈◊〉 set against this King that he sent many Bishoppes to negociâ—…te these warres and to raise vp the Hungarians and Germanes against him and so farre preuailed that he eâ—…tinguished all the posterity and discent of George and would saith 〈◊〉 vtterly haue rooted out all the name and memory of the Heretickes vnlesse the Polonians had stayed 〈◊〉 For the Polonians claimed the Kingdome of 〈◊〉 as due to them 〈◊〉 being already busied enough with the warres of the Turke thought good not to draw new troubleâ—… vpon himselfe by prouoking the Polonians Thus the Pope rested at that time contented with the blood of George and his children seeing the power of his malice could then proceed no further King Iohn of Nauâ—…rre 154. POpe Iulius the second the scourge of Christendome in his time vsed the like courtesie to Iohâ—… King of Nauarre for when this Vicar of Christ 〈◊〉 raised warres against the French King Iohâ—… King of Nauâ—…rre held as he had reason with the French King being a French-man by birth and hauing the greatest part of his paâ—…imony in Fraunce 〈◊〉 King of Arragon then fauoured the Pope This 〈◊〉 prepared warre against the French King and to turne the mindes and speech of all men vpon the French warres from that purpose which secretly hee intended hee intreated Henry the â—…ighth King of England to send him an Army to helpe him in the warres of Franâ—…e King Henry hauiâ—…g maried the daughter of Ferdinand sent him sixe thousand footmen these came to the Frontiers of France and there stayed long for the army of Ferdiâ—…nd who for his better passage into Fraunce required of Iâ—…hn King oâ—… Nauarre through whose Dominions hee was to passe that he would deliâ—…er vp to his hands three of the strongest Castles that he would demaund the request as vniust was denied by the King of Nauarre Ferdinaâ—…d referreth the matter to the Pope The Pope Iâ—…lius not regarding the iustice or iniustice of the cause pronounceth the King of Nauarre a Schismaticke and Hereticke for fauouring the French King and therefore depriueth him of his kingdome and giueth his right to Ferdinand Who thereupon sent his army of a suddaine against the King of Nauarre who fled into France Thus was the kingdomâ—… of Nauarre surprised and no title pretended sauing onely the Popes excommunication The state of Venice 155. IT were too long to recompt all the mischiefes and miseries that the Popes Excommunications haue brought vpon Christendome I haue collected the chiefe and most eminent and will end this discourse with the memory of that affliction and desolation which the Pope brought vpon the Venetians Iulâ—…s the second following the steppes of his predecessours brought an armie before Bononia besieged the towne and tooke it The familie of the Bentiuoli he vtterly ruinated killing some banishing other When thus hee had ouerthrowne the Bentiuoli Then he set himselfe in like sort to root out the Venetian name Ad venetâ—… 〈◊〉 excidiuâ—… saith 〈◊〉 The better to effect the malice against the Venetians he drew 〈◊〉 the Emperour the French King the King of Spaine the Duke of Ferrara and the Duke of Mantua into a league when first himselfe had excommunicated and câ—…sed them hee set all these vpon them at once The Pope made choice of a fit time to doe them the greatest hurt he could for a little before this the state of Venice was brought so low that a weake enemie might soone haue â—…dangered them hauing had their whole army brought vnto Internecion at Abdua after that ouerthrowen in a great battell by Lewes the French King their chiefe generals Liuianus taken prisoner Petilianus put to flight The Pope tooke the aduantage of this their weakenesse and seeing them falling labored to thrust them headlong that they might neuer be able to rise againe Mâ—…ximilian tooke Verona Vicetia Padway Carni the French King surprised Bergamum Brixia Cremona Crema the Spaniard wan Tranum Monopolis and Barletta in Apulia The Popes share was Rauenna Ariminum all Aemilia The Duke of Ferrara got Rodigium and the Duke of Mantua Asula Thus was that noble state brought in manner to vtter ruine 156. Iulius hauing thus satisfied his malice and obtained his purpose in some measure against the Venetians being ledde by a spirit that would giue him no rest began to turne his furious wrath in like sort against 〈◊〉 contrary to his faith often promised and